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Is it legal to operate your cell phone while stopped at a stop light in California?

It does not seem to me that the laws about cell phone use are clear. I thought the only restrictions were while your vehicle is in motion. I am also curious as to where you get your information from. (did you read it in the paper, read the DMV handbook?) thanks!

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  • Anonymous
    8 years ago
    Favorite Answer

    Given that California has clearly defined "driving" as meaning "controlling a vehicle in motion," and that the law prohibits using a cell phone (unless hands free) while "driving," I would have agreed with you. However, in an opinion I believe to be clearly incorrect, it was held that such use is unlawful even when a vehicle is stopped at a stop light. (People v. Nelson (2011) 200 Cal.App.4th 1083.) It would still be lawful if the car was parked or otherwise stopped for more than a short period of time.

    ADD: Mutt and laughter would be right if Veh C 23123 prohibited use of a phone while "operating" a motor vehicle--but it does not. Uncle Duke quoted the statute: it is right there to read! The statute says that "A person shall not DRIVE a motor vehicle while using . . . ," etc. The term "drive" has a particular meaning in California law--or at least it did until Nelson was decided. Vincent is completely wrong as to what would constitute a DUI in California--you do not commit that offense unless you voluntarily move a vehicle. (Mercer v Department of Motor Vehicles (1991) 53 Cal.3d 753.)

    Source(s): 35+ years as a criminal defense attorney (Answered at Yahoo Canada to avoid the horrible US format.)
  • 5 years ago

    2

    Source(s): 100% Free Cell Phone : http://freecellphones.iukiy.com/?yaKi
  • Mutt
    Lv 7
    8 years ago

    In places that have laws against cell phone use, it does include while stopped at a stop light. You are still in control of your car, which is known as "operating" you vehicle, and the law, and it's usually just stated that it is while in operation of a vehicle.

    If you put the car in park, then you really are not operating it at that moment. But in most places, it is a traffic violation to do so while at a stop light.

    There is no call that is so important that you have put yourself and others in jeopardy of their life. And if you think there is, just go hands free.

  • 8 years ago

    Handheld cell phone use and texting is banned for all California drivers. All cell phone use (handheld and hands-free) is banned for California bus drivers and for novice drivers.

    Cell Phone Use

    All California drivers are prohibited from using handheld cell phones while driving. Novice drivers in California - drivers younger than 18 – are prohibited from all cell phone use.

    If handheld cell phones are prohibited, then what’s permissible? Here are the common options:

    •abstinence (don't use a cell phone while driving)

    •speaker phone

    •use a bluetooth wireless device

    •use a wired headset

    •install a car kit

    Texting

    All California drivers are prohibited from texting. California's anti-texting law reads as follows:

    Electronic Wireless Communications Device: Prohibited Use

    VC 23123.5. (a) A person shall not drive a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication.

    (b) As used in this section “write, send, or read a text-based communication” means using an electronic wireless communications device to manually communicate with any person using a text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail.

    (c) For purposes of this section, a person shall not be deemed to be writing, reading, or sending a text-based communication if the person reads, selects, or enters a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call.

    (d) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.

    (e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.

    Bus Drivers

    All California bus drivers are prohibited from using cell phones and from texting.

    Does a Ban on Handheld Cell Phone Reduce Injuries?

    In March, 2012, the University of California, Berkeley, released the first study specifically detailing the effect of a handheld cell phone ban on driving. The study analyzed California driving accidents during the first four years in which California’s handheld ban had been in place.

    The study found that (1) overall traffic deaths dropped 22%, (2) deaths blamed on drivers using hand-held cellphones were down 47%, and (3) deaths among drivers who use hands-free phones dropped at a similar rate. There was a similar drop in the number of physical injuries. Equally important, the ban had resulted in less use of cell phones during driving.

    How is it Enforced?

    The new California driving law imposes a fine of $20 for a first-time offense and a $50 fine for each additional offense. The law allows exceptions for calls to law enforcement agencies for emergency purposes, or emergency services personnel while operating an authorized emergency vehicle. In addition to these exceptions, commercial truck drivers, tow truck drivers and operators of farming vehicles are also exempt.

    California’s handheld cell phone and texting laws are considered “primary” laws, as is the ban on all cell phones for bus drivers. A primary law means that an officer can pull you over for the offense without having to witness some other violation. California’s ban on all cell phone use for novice drivers is considered a secondary law. A secondary law refers to the fact that an officer can only pull you over and issue a ticket if the officer has witnessed some other violation – for example, a novice driver ran a stop light while on a wired cell phone.

    while driving. even if you are stopped at a red light, you are still technically driving.

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  • 8 years ago

    NO in most states if your keys are in the ignition you are considered operating the vehicle even if it isn't moving. Lots of people end up with a DWI because they pulled over to sleep it off but forgot to take the keys out of the ignition. Nobody wants to sit through a light because you want to play with your phone most states consider touching your phone operating it even if you just wanted to see what time it was.

  • Athena
    Lv 7
    8 years ago

    No, and once more the cops are SPECIFICALLY looking for just such phone users.

    With revenue down, ticket and "administrative fees" will cost you in the neighborhood of $300.

    I had a friend who was popped for checking the TIME on her iPhone at a stop light.

  • 8 years ago

    It is OK with a hands free device.

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